How does California’s Lemon Law Protect My Car?
December 15, 2020The last thing anybody wants is to discover that their newly purchased car has problems. You saved money and worked hard to buy yourself something you thought would be reliable.
If you’ve bought a new or previously owned car that is covered by the manufacturer’s warranty, some laws can protect you. California’s lemon law offers a safety net to customers who buy or lease a vehicle still under the manufacturer’s original warranty. The law makes it possible for owners who purchased a lemon to receive compensation in the form of a refund or replacement of their vehicle.
How does a Car Qualify under California’s Lemon Law?
California’s lemon law protects new and pre-owned vehicles that have been purchased or leased for personal use, including used cars purchased with a service warranty. It also affords protection to cars previously categorized as lemons and repurchased by the original manufacturer and resold with a warranty.
The law protects the consumer for the entire length of the manufacturer’s warranty. If the car qualifies for an extended guarantee from the manufacturer, then the warranty’s duration is extended.
For instance, if your car has a two-year warranty and you find a problem one year after the service warranty starts, you are covered. This suggests that the manufacturer is required by law to either change the car, repurchase it, or compensate you if the vehicle fulfills California’s lemon law requirements. In California, there’s a 4-year statute of limitations for submitting a suit for breach of contract.
What are the Responsibilities of the Car Manufacturer?
California Lemon Law enables carmakers and authorized dealerships time to remedy the problem. They are permitted several efforts to repair the issue or compensate the vehicle’s owner for their misfortunes. The number of attempts and time to fix the car depends on whether it is a safety concern.
California Lemon Law begins when there have been at least two efforts at fixing a significant safety flaw. This could include a considerable issue that can lead to injury or death, such as brake failure. Manufacturers get four or more attempts to repair a non-safety associated issue. The specific number depends on the particular problem.
Carmakers must likewise repurchase the car or compensate the owner if the number of attempts exceeds a reasonable amount or if the vehicle is in for more than thirty days in a shop.
What Should you do if you Think You Have a Lemon?
The first thing to do is to get in contact with an attorney specializing in California lemon law. An attorney can help you understand your rights and evaluate your case. Most lemon law lawyers get paid on a contingency basis, which means you don’t need to pay out of pocket expenses unless your attorney wins your case.
The best thing you can do is keep a record of all the repair attempts and the issues you’ve had with your car. These items consist of documentation like invoices, repair orders, and anything else detailing the vehicle’s problems. It would also include records of communication you’ve had with anyone at the dealer and with the car company. To have a successful lemon law case, your lawyer will need evidence that you’ve made an effort to resolve the issue on your own.